A city seeking to use a strip of property for a beach replenishment project may petition for condemnation in an eminent domain proceeding and alternatively, claim ownership rights in the condemned property, the Supreme Court of Virginia upholds judgment for ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

A local ordinance authorized the city of Virginia Beach to bring a condemnation action against a condo association involving property used in a project to replenish Cape Henry Beach, and the Supreme Court of Virginia affirms the trial court decision ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

Plaintiff creditor does not have a lien against the entirety of Lot 58 at a particular location in Norfolk; the Norfolk Circuit Court says plaintiff is not entitled to a declaratory judgment that a deed of trust executed in favor ...

Tagged with: Judge Charles E. Poston Norfolk Circuit Court Real Estate Virginia Circuit Courts

Although the failure to conduct or arrange for a face-to-face meeting may have been a sufficient basis to stop foreclosure sale of plaintiff’s property, or to impose a regulatory sanction or a nominal damages award, it is not a sufficient ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Virginia Circuit Courts

A Danville U.S. District Court accepts a magistrate judge’s recommendation and dismisses a pro se borrower’s suit against Wells Fargo alleging violations of the Truth in Lending Act and the Real Estate Settlement and Procedures Act. Plaintiff alleges Wells Fargo, ...

Tagged with: Judge Michael F. Urbanski Real Estate U.S. District Court - Western District

A property owner cannot state a condemnation claim against the city of Norfolk based on damage to her property from flooding allegedly caused by the city’s failure to enforce conditions on a neighbor’s fill permit, and the Norfolk Circuit Court ...

Tagged with: Judge Junius P. Fulton III Norfolk Circuit Court Real Estate Virginia Circuit Courts

Lawyers for a struggling Rockingham County homeowner are asking a judge to get tough with Bank of America N.A. for dragging its feet on payment after settling a foreclosure lawsuit. A U.S. magistrate judge entered a sanctions show-cause requiring BoA ...

Tagged with: Federal Courts Judge B. Waugh Crigler Real Estate Rockingham County Circuit Court

A York County-Poquson Circuit Court says a petitioner does not need a special use permit to grow oysters in cages at his residence on the waters of the York River, in a RR-Rural Residential zone, and the contrary decisions of ...

Tagged with: Real Estate Virginia Circuit Courts York County Circuit Court

A York County-Poquoson Circuit Court overturns a zoning decision that required petitioner to obtain a special use permit to use his private residential property for oyster farming. Petitioner’s residence is located in a residential district zoned RC-Resource Conservation. He began ...

Tagged with: Real Estate Virginia Circuit Courts York County Circuit Court

In this suit by a commercial lease guarantor on an alleged breach of its right to purchase the leased property, the Richmond U.S. District Court dismisses a counterclaim filed by the owner of the property to force specific performance by ...

Tagged with: Judge Robert E. Payne Real Estate U.S. District Court - Eastern District